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Claim Limitation: Confronting the Tension Between Limiting Claims in Complex Patent Litigation and Preserving a Patentee’s Property and Due Process Rights

As patent litigation becomes more complex, judges are faced with the difficult task of managing lawsuits that involve dozens of patents, with hundreds, if not thousands, of separate patent claims. For instance, when a patentee sues multiple defendants in different jurisdictions on a group of patents asserting the same core technology, such cases are frequently consolidated through the multidistrict litigation process. It has become common practice for district court judges in these cases to mandate that patentees select a limited number of representative patent claims to litigate.